辩护律师的量刑建议权初探

刑事司法审判中量刑之轻重不仅直接事关被告人的切身利益,而且关乎到能否真正落实罪刑法定原则和罪责刑相适应原则,关系到法律的统一。在当前因刑法法定刑规定幅度较大而致实践中法官量刑畸轻畸重的情况下,赋予维护被告人合法权益的辩护律师以量刑建议权,充分发挥辩护律师的作用,对促进被告人的公正量刑,不仅是必要的,而且也是可行的。

Preliminary Study on the Defense Lawyer''''s Suggestion Right to Sentencing

The degree of sentencing in the criminal judgment relates not only directly to defendant's interest,but also to whether the principle of a legally prescribed punishment for a specified crime and that of punishment suiting to crime can be implemented in deed as well as to the unification of law.Under the condition that the scope of legal punishment stipulated by criminal law is relatively wide and sentencing is unfair in a sort of way,endowing the defense lawyer who defends the defendant's legitimate interest the suggestion right to sentencing in order to fully performed his role and promote the fair sentencing to the defendant is not only necessary but also feasible.